Scottish Executive

Agriculture

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what input it has had into the audit by the Office of Fair Trading of the supermarket code of practice and whether it made any submission on behalf of farmers.

Ross Finnie: The audit into the operation of the supermarket code of practice is being carried out by the Office of Fair Trading, which is independent of ministers. Ministerial input into this audit would therefore be inappropriate before the results become available. Although a reserved matter, Scottish ministers take an interest in competition issues and will make their views known about the audit findings once they become available.

Autism

Carolyn Leckie (Central Scotland) (SSP): To ask the Scottish Executive, in light of the Social Work Statistics Branch Audit of Services for People with Autistic Spectrum Disorder which found that over 3,400 children have been identified as having autistic spectrum disorder and given that the condition was previously significantly less prevalent and is now more common than all other serious childhood conditions combined, what urgent steps are being taken to address this issue and whether these steps include the introduction of treatment protocols.

Rhona Brankin: Information from this baseline study indicated that over 3,400 children and young people were identified as having been diagnosed with autistic spectrum disorder. The figures provided produce a prevalence rate of 35 children per 10,000, which is less than the estimated prevalence rate of 60 per 10,000 in the Public Health Institute of Scotland’s Autistic Spectrum Disorders Needs Assessment Report.

  Officials are working with members of the Cross Party Group on Autistic Spectrum Disorders on plans for a conference to consider the health needs and a range of medical interventions for people on the autistic spectrum.

Crime

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether a fiscal fine has ever been offered for the offence of assault where a weapon has been used.

Colin Boyd QC: Fiscal fines have been offered in cases involving weapons, but from analysis of cases in the financial year 2002-03 it is clear that fiscal fines were only offered in a very small number of such cases. While procurators fiscal received reports containing 3,188 charges of assault where a weapon had been used, only 30 accused were offered a fiscal fine of which 12 were recorded as having been paid. These cases included cases where an object such as a plastic bottle, mobile phone, bag or umbrella was brandished or thrown at an individual, whether or not the object made any contact.

Crime

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what the conviction rate was for (a) homicide, (b) culpable homicide, (c) serious assault and attempted murder and (d) robbery in each year since 1999, broken down by police force area.

Cathy Jamieson: The available information is given in the following table.

  Persons Proceeded Against in Court for Selected Offences1, by Police Force Area, 1999-2002

  

Police Force Area
Number of Persons Proceeded Against in Court4
% With Charge Proved


1999
2000
2001
20025
1999
2000
2001
20026


Homicide2:
 


Central 
7
2
3
5
86
50
100
100


Dumfries and Galloway
-
-
6
7
-
-
67
86


Fife 
2
1
8
5
50
100
88
100


Grampian 
18
5
11
8
78
100
100
100


Lothian and Borders 
12
12
8
16
92
83
100
94


Northern 
7
7
5
2
100
86
100
100


Strathclyde 
76
72
64
40
83
89
88
88


Tayside 
5
9
6
12
80
89
83
75


Scotland
127
108
111
95
83
88
89
89


Culpable Homicide:
 


Central 
1
2
1
3
100
50
100
100


Dumfries and Galloway
-
-
2
3
-
-
50
100


Fife 
1
-
2
1
100
-
100
100


Grampian 
8
3
5
2
75
100
100
100


Lothian and Borders 
2
5
2
1
100
80
100
100


Northern 
-
-
1
-
-
-
100
-


Strathclyde 
29
30
22
19
90
93
100
100


Tayside 
-
2
3
3
-
100
67
67


Scotland
41
42
38
32
88
90
95
97


Serious Assault and Attempted Murder:
 


Central 
87
88
82
111
74
67
66
76


Dumfries and Galloway
29
32
29
52
93
78
86
79


Fife 
78
67
99
124
73
76
72
80


Grampian 
120
91
88
91
76
75
81
81


Lothian and Borders 
202
222
233
307
70
76
74
74


Northern 
44
63
49
50
82
90
86
90


Strathclyde 
835
783
879
680
71
67
66
66


Tayside 
126
158
154
166
63
59
62
72


Scotland3
1,521
1,505
1,613
1,581
71
70
69
71


Robbery:
 


Central 
22
26
29
28
91
77
86
82


Dumfries and Galloway
13
22
22
23
92
77
100
83


Fife 
46
42
58
41
91
86
71
90


Grampian 
49
41
56
56
82
80
89
89


Lothian and Borders 
109
99
90
122
88
84
88
82


Northern 
9
2
6
7
100
100
100
86


Strathclyde 
539
517
460
388
79
78
82
82


Tayside 
60
41
42
38
63
71
52
79


Scotland3
847
790
765
703
81
79
81
83



  Notes:

  1. Where main offence.

  2. Includes murder, culpable homicide, causing death by dangerous driving and causing death by careless driving while under the influence of drink or drugs.

  3. Includes a small number of cases where the police force is unknown.

  4. Excludes persons against whom proceedings are started but which are dropped before they reach court.

  5. Figures may be underestimates due to time taken to record details of some court proceedings.

  6. Includes estimate for Strathclyde.

Crime

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what the conviction rate was for (a) rape and attempted rape, (b) indecent assault and (c) lewd and indecent behaviour in each year since 1999, broken down by police force area.

Cathy Jamieson: The available information is given in the following table.

  Persons Proceeded Against in Court for Selected Offences1, by Police Force Area, 1999-2002

  

Police Force Area
Persons Proceeded Against in Court3
% with Charge Proved


1999
2000
2001
20024
1999
2000
2001
20025


Rape and Attempted Rape:
 


Central 
10
6
4
2
20
17
25
50


Dumfries and Galloway
3
2
2
-
67
100
50
-


Fife 
10
5
15
5
50
60
53
40


Grampian 
12
2
4
7
67
50
50
57


Lothian and Borders 
23
17
19
20
57
71
79
40


Northern 
1
4
3
2
100
75
100
50


Strathclyde 
20
33
36
24
75
55
75
75


Tayside 
9
5
16
5
56
60
50
60


Scotland2
88
74
100
65
58
58
66
60


Indecent Assault:
 


Central 
5
3
4
1
60
67
100
100


Dumfries and Galloway
1
4
2
1
100
25
50
-


Fife 
9
9
7
9
100
67
86
100


Grampian 
17
5
5
4
88
80
80
100


Lothian and Borders 
17
14
11
17
82
64
73
65


Northern 
7
7
8
8
86
100
75
75


Strathclyde 
39
40
25
23
72
78
72
72


Tayside 
8
17
10
9
75
35
40
78


Scotland2
103
99
73
72
80
67
71
76


Lewd and Indecent Behaviour:
 


Central 
14
18
22
18
64
78
77
83


Dumfries and Galloway
6
17
18
5
67
82
78
60


Fife 
39
21
25
33
87
90
92
79


Grampian 
15
22
32
22
87
82
75
95


Lothian and Borders 
87
51
60
58
87
86
87
83


Northern 
18
12
19
22
100
67
95
100


Strathclyde 
185
142
152
137
70
77
72
72


Tayside 
42
38
39
30
76
68
77
87


Scotland
406
321
367
325
78
79
78
80



  Notes:

  1. Where main offence.

  2. Includes a small number of cases where the police force is unknown.

  3. Excludes persons against whom proceedings are started but which are dropped before they reach court.

  4. Figures may be underestimates due to time taken to record details of some court proceedings.

  5. Includes estimate for Strathclyde.

Crime

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what the conviction rate was for (a) common assault, (b) breach of the peace, (c) drunkenness and (d) breach of social work order in each year since 1999, broken down by police force area.

Cathy Jamieson: The available information is given in the following table.

  Persons Proceeded Against in Court for Selected Offences1, by Police Force Area, 1999-2002

  

Police Force Area
Persons Proceeded Against in Court3
% with Charge Proved


1999
2000
2001
20024
1999
2000
2001
20025


Common Assault:
 


Central 
637
722
785
857
85
84
80
84


Dumfries and Galloway
407
352
338
374
83
77
86
83


Fife 
692
600
795
735
83
81
86
86


Grampian 
1,254
1,086
1,243
1,317
88
89
87
88


Lothian and Borders 
1,957
1,922
1,859
2,156
88
88
86
87


Northern 
736
650
695
794
88
88
94
86


Strathclyde 
6,723
6,489
6,805
5,426
73
72
71
71


Tayside 
1,381
1,283
1,414
1,484
75
77
77
80


Scotland
13,787
13,104
13,938
13,143
79
78
78
78


Breach of the Peace:
 


Central 
708
726
835
898
88
91
90
89


Dumfries and Galloway
517
409
409
355
85
83
85
85


Fife 
685
634
642
694
89
89
91
90


Grampian 
1,178
1,038
1,088
1,081
93
92
90
88


Lothian and Borders 
1,980
1,758
1,829
2,048
92
94
94
92


Northern 
943
857
881
902
89
93
95
92


Strathclyde 
8,848
8,365
8,696
7,768
85
83
82
82


Tayside 
1,686
1,626
1,750
1,730
84
83
84
85


Scotland
16,545
15,413
16,130
15,476
87
86
85
85


Drunkenness:
 


Central 
6
8
2
6
100
88
100
67


Dumfries and Galloway
3
1
-
-
100
-
-
-


Fife 
7
2
5
3
100
100
100
100


Grampian 
26
22
13
8
85
100
100
100


Lothian and Borders 
20
18
28
29
100
100
93
97


Northern 
170
142
104
147
94
97
100
95


Strathclyde 
272
249
222
187
90
91
86
86


Tayside 
17
20
32
17
88
100
94
100


Scotland
521
462
406
397
92
94
91
91


Breach of Social Work Orders
 


Central 
175
196
321
347
100
99
98
99


Dumfries and Galloway
129
161
187
152
98
100
96
100


Fife 
481
386
467
510
100
100
100
98


Grampian 
411
519
408
418
100
100
100
100


Lothian and Borders 
552
615
638
727
100
100
100
100


Northern 
155
150
82
211
99
98
100
100


Strathclyde 
2,057
2,134
1,686
1,934
99
99
99
100


Tayside 
635
562
677
697
100
100
100
100


Scotland2
4,595
4,723
4,471
4,996
99
99
99
100



  Notes:

  1. Where main offence.

  2. Includes a small number of cases where the police force is unknown.

  3. Excludes persons against whom proceedings are started but which are dropped before they reach court.

  4. Figures may be underestimates due to time taken to record details of some court proceedings.

  5. Includes estimate for Strathclyde.

Crime

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive what the conviction rate was for (a) dangerous and careless driving, (b) drink driving, (c) speeding, (d) unlawful use of a vehicle and (e) vehicle defect offences in each year since 1999, broken down by police force area.

Cathy Jamieson: The available information is given in the following table.

  Persons Proceeded Against in Court for Selected Offences1, by Police Force Area, 1999-2002

  

Police Force Area
Persons Proceeded Against in Court2

% with Charge Proved


1999
2000
2001
20023
1999
2000
2001
20024


Dangerous and Careless Driving:
 


Central 
142
120
138
147
87
78
90
95


Dumfries and Galloway
282
197
156
213
91
87
92
92


Fife 
212
171
253
250
87
94
93
95


Grampian 
558
432
484
445
96
95
92
93


Lothian and Borders 
370
347
441
483
96
93
95
95


Northern 
301
239
280
325
96
93
98
95


Strathclyde 
1,544
1,367
1,455
1,412
86
88
89
89


Tayside 
326
250
307
394
92
93
92
89


Scotland
3,735
3,123
3,514
3,668
90
90
92
92


Drink Driving:
 


Central 
382
413
309
653
97
95
96
98


Dumfries and Galloway
213
174
217
224
96
95
97
96


Fife 
385
374
378
726
98
96
98
98


Grampian 
874
825
833
946
96
95
97
97


Lothian and Borders 
1,226
1,181
1,190
1,546
97
95
98
97


Northern 
546
516
575
694
98
97
99
98


Strathclyde 
3,036
2,983
2,961
3,515
93
93
92
92


Tayside 
570
604
661
807
98
97
97
95


Scotland
7,232
7,070
7,124
9,111
95
95
95
95


Speeding:
 


Central 
955
861
781
722
98
97
98
99


Dumfries and Galloway
1,831
1,444
943
935
97
96
95
98


Fife 
544
562
493
562
100
100
99
99


Grampian 
1,812
1,526
1,206
1,095
99
100
100
100


Lothian and Borders 
1,991
1,445
1,586
1,690
100
99
100
99


Northern 
922
595
928
1,272
99
99
100
100


Strathclyde 
4,627
3,600
2,374
1,713
99
99
98
98


Tayside 
1,653
1,369
1,684
1,717
100
99
100
99


Scotland
14,335
11,402
9,9954
9,706
99
99
99
99


Unlawful Use of a Vehicle:
 


Central 
1,018
1,302
1,369
1,449
91
91
93
94


Dumfries and Galloway
654
604
566
605
78
78
83
89


Fife 
1,452
1,587
1,653
1,817
97
95
97
95


Grampian 
1,632
1,830
1,788
2,003
96
96
96
96


Lothian and Borders 
3,143
3,330
3,382
3,449
96
96
97
96


Northern 
560
628
489
669
94
92
98
95


Strathclyde 
7,400
6,927
7,558
7,218
89
89
90
90


Tayside 
1,692
1,759
1,731
1,981
96
94
95
94


Scotland
17,557
17,965
18,536
19,191
92
92
93
93


Vehicle Defect Offences:
 


Central 
209
179
176
169
77
73
75
87


Dumfries and Galloway
253
134
72
91
71
75
78
81


Fife 
138
75
48
60
97
93
94
93


Grampian 
296
211
127
201
93
90
92
95


Lothian and Borders 
381
255
280
226
88
93
89
93


Northern 
134
113
95
180
88
93
97
92


Strathclyde 
696
713
573
383
81
81
75
75


Tayside 
248
181
143
230
93
92
94
90


Scotland
2,355
1,861
1,514
1,540
85
85
83
85



  Notes:

  1. Where main offence.

  2. Excludes persons against whom proceedings are started but which are dropped before they reach court.

  3. Figures may be underestimates due to time taken to record details of some court proceedings.

  4. Includes estimate for Strathclyde.

Crime

Mr Kenny MacAskill (Lothians) (SNP): To ask the Scottish Executive how many prosecutions there have been of people who have caused road accidents that have caused the death of one or more people by careless driving while under the influence of drink and drugs in the last year for which figures are available and in each of the previous five years.

Cathy Jamieson: The available information is given in the following table.

  Persons Proceeded Against in Scottish Courts for Causing Death by Careless Driving while Under the Influence of Drink or Drugs1, 1997-2002

  

Year of Sentence
Number of Persons


1997
4


1998
3


1999
1


2000
2


2001
3


20022
1



  Notes:

  1. Where main offence.

  2. Figure may be an underestimate due to time taken to record details of some court proceedings.

Energy Efficiency

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what action is being taken to encourage energy-efficient measures in new-build homes.

Johann Lamont: Current building regulations for new-build homes require some of the most demanding thermal insulation standards for new building work in the UK. After the introduction of the new building standards system in 2005, a further review of energy standards will be undertaken.

Energy Efficiency

Ms Rosemary Byrne (South of Scotland) (SSP): To ask the Scottish Executive what plans it has to introduce energy efficiency standards for buildings and what funds will be allocated for this purpose.

Johann Lamont: Building regulations set demanding standards for new or altered buildings. After the introduction of the new building standards system in 2005, a further review of energy standards will be undertaken, including the issue of improvements to the existing housing stock. As energy efficiency standards are mandatory, the question of funding does not arise.

Fertility Treatment

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what action is being taken to increase the number of sperm donors for fertility purposes.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how it will raise awareness of sperm donation and recruit sperm donors, given that anonymity for sperm and egg donors will be removed in April 2005.

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive which organisation in Scotland will provide information to sperm and egg donors and to recipients of donated gametes.

Mr Andy Kerr: The Executive already provides grant assistance to CHILD – Infertility Network Scotland. CHILD aims to help those affected by fertility problems through the provision of information and counselling, liaising with health professionals to promote best practice, setting up support groups, and generally raising awareness of infertility and the problems facing those affected. Consideration is also being given to additional measures to raise awareness of the arrangements for egg, sperm and embryo donation.

Fertility Treatment

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what percentage of sperm used for fertility purposes is imported from (a) England, (b) other EU countries and (c) other countries.

Mr Andy Kerr: This is a matter for the Human Fertilisation and Embryology Authority. The information requested is not held centrally.

Fertility Treatment

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether sperm can be imported from other EU countries after April 2005.

Mr Andy Kerr: Sperm can continue to be imported from other EU countries after April 2005. These imports will be in accordance with the Human Fertilisation and Embryology Authority (Disclosure of Donor Information) Regulations 2004, which allow children conceived from sperm, egg and embryo donations to access more information about their genetic origins. The Regulations prescribe the information which the Human Fertilisation and Embryology Authority will provide in response to a request from a person who has attained the age of 18 and who was, or may have been, born in consequence of treatment services provided under the Human Fertilisation and Embryology Act 1990.

Fertility Treatment

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether there are sufficient facilities to collect and store sperm in each NHS centre currently offering fertility services.

Mr Andy Kerr: This is a matter for individual NHS boards who provide this service. The information requested is not held centrally.

Fertility Treatment

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how the register of children born as a result of donor treatment will be kept, given that after April 2005 such children can contact the donor when they reach the age of 18.

Mr Andy Kerr: Since August 1991, the Human Fertilisation and Embryology Authority (HFEA) has been required by law to maintain a register which contains information obtained by the Authority that falls within three classes:

  information which relates to the provision of treatment services for any identifiable individual;

  information which relates to the keeping or use of the keeping or use of any identifiable individual or of an embryo taken from an identifiable woman, and

  information which shows that an identifiable individual was, or may have been, born in consequence of treatment services.

  Since the same date, all UK licensed clinics have been required by directions from the HFEA to provide the authority with information specified in forms produced by the authority, including a "donor information form" on which is recorded information about gamete donors such as their name, physical characteristics and other personal information, a "DI/Donor gamete treatment form" and a "treatment and embryo creation and use form", both of which record the details of the person treated and the treatment provided, and a "pregnancy outcome form" on which is recorded the outcome of the treatment and pregnancy where known.

G8 Summit

Murdo Fraser (Mid Scotland and Fife) (Con): To ask the Scottish Executive how many police officers from each police force are scheduled to be on secondment to police the G8 Summit at the Gleneagles Hotel and for how long.

Cathy Jamieson: Decisions on the number and deployment of police officers in connection with the G8 Summit at the Gleneagles Hotel in 2005 are operational matters for the Chief Constable of Tayside Police.

Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive which minister is responsible for the monitoring of the Skipton Fund.

Mr Andy Kerr: Payments to Scottish claimants will be made from the Scottish Consolidated Fund and Scottish ministers are accountable to the Scottish Parliament for all payments made from that fund.

Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many people have applied to the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund have received the first stage ex gratia payment of £20,000.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund who received the first stage ex gratia payment of £20,000 have subsequently received the further staged ex gratia payment of £25,000.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund have had their stage 1 application for ex gratia payment declined.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund have had their stage 2 application for ex gratia payment declined.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund have had their stage 1 application for ex gratia payment accepted.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applicants to the Skipton Fund have had their stage 2 application for ex gratia payment accepted.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many applications to the Skipton Fund for stage (a) 1 and (b) 2 ex gratia payments are outstanding.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how much, in total, has been paid out to date by the Skipton Fund in respect of stage 1 ex gratia payments.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how much, in total, has been paid out to date by the Skipton Fund in respect of stage 2 ex gratia payments.

Mr Andy Kerr: The following table provides figures in relation to the number of stage I and stage II applications received by the Skipton Fund and their status as at 26 November 2004:

  

 
Stage 1
Stage 2


Application forms dispatched
4,496 
 338 


Total completed applications received
3,095
 117 


Declined
140
01


Number of claims paid
2,501
81


Total amount paid to claimants
£50,020,000
£2,025,000



  Note: 1. A small number of stage 2 applications have been deferred because the claimants do not yet meet the criteria for payment.

Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many unsuccessful applicants to the Skipton Fund have requested an appeal against the decision and, of these, how many have had their appeal heard.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what the average length of time is for an appeal to be heard against a decision by the Skipton Fund not to award an ex gratia payment.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many appellants against a decision by the Skipton Fund not to award an ex gratia payment have had their appeal upheld.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many people sit on the appeal panel in respect of the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what qualifications the members of the appeal panel in respect of the Skipton Fund possess.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many medical members sit on the appeal panel in respect of the Skipton Fund and what expertise these members must have.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many lay people sit on the appeal panel in respect of the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what criteria are used to select lay members of the appeal panel in respect of the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how many members of the appeal panel in respect of the Skipton Fund are from the legal profession.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive how people are appointed to the appeal panel in respect of the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive where in Scotland the appeal panel in respect of the Skipton Fund sits.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether, when the appeal panel in respect of the Skipton Fund hears appeals from Scottish applicants, the legal members of the panel will be from within the Scottish justice system.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether appellants against decisions made by the Skipton Fund will be able to attend the appeal panel hearing at which their appeal is to be heard.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether expenses incurred by appellants attending an appeal panel hearing against a decision made by the Skipton Fund will be met.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether appellants will have access to expert opinion to challenge the decision of the medical panel in respect of the Skipton Fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether all the documents used by the Skipton Fund in reaching decisions on ex gratia payments will be made available to appellants against a decision made by the fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether applicants to the Skipton Fund are entitled to legal representation when appealing against a decision taken by the fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether applicants to the Skipton Fund are entitled to legal aid if they appeal against a decision taken by the fund.

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive whether the appeals panel in respect of the Skipton Fund is paid for by the fund and, if not, where the funding for the panel comes from.

Mr Andy Kerr: I refer the member to the answer to question S2W-12632, answered on 13 December 2004, which gives the status of applications received by the Skipton Fund as at 26 November 2004. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/webapp/wa.search.

  Patient groups have been consulted and have commented on an initial proposal for the appeals process and the membership of an independent appeals panel. The UK health departments are now considering arrangements for the appeals process and the appointment of the panel.

  Appointments to the panel will be made through the public appointments process. Funding for the panel will come from the total budget allocated to the Skipton Fund.

  Decisions on the granting of legal aid are a matter for the Scottish Legal Aid Board. The Skipton Fund will not meet any legal or other expenses incurred by an applicant.

Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what percentage of the funding of the Skipton Fund is used for administrative purposes, broken down into (a) office costs, such as rent, business rates, telephones, electricity and any other such costs, (b) medical panels, (c) the processing of initial decisions and (d) processing appeals.

Mr Andy Kerr: This information is not held.

  The Skipton Fund is a private company limited by guarantee, engaged to operate the ex gratia payment scheme on behalf of the four UK Health Departments. The fund opened for business on 5 July 2004 and will be required to submit records in respect of all expenditure once a year.

Health

Shona Robison (Dundee East) (SNP): To ask the Scottish Executive what additional funding has been given to the MacFarlane Trust to enable it to administer the Skipton Fund and from which budget such additional funding came from.

Mr Andy Kerr: No funds have been made available to the MacFarlane Trust to administer the Skipton Fund.

Justice

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether Disclosure Scotland is made of aware of all crimes committed that resulted in a fiscal fine.

Cathy Jamieson: Disclosure Scotland would only be made aware of crimes which resulted in a fiscal fine in particular cases in which it was relevant to an application for an enhanced disclosure. The Scottish Criminal Record Office, which searches central records in response to applications to Disclosure Scotland, is now notified of cases which result in a fiscal fine under the Integration of Scottish Criminal Justice Information Systems which has been implemented progressively across Scotland from 1999 onwards.

Justice

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive whether all people employed in the waged and unwaged sector who are subject to a Disclosure Scotland check have an obligation to notify their employers of all offences committed, included those which resulted in a fiscal fine.

Cathy Jamieson: There is no general statutory requirement which would oblige individuals to notify their employers of offences or fiscal fines. A Disclosure Scotland check at the enhanced level will show any convictions, whether spent or unspent, and may show fiscal fines where, in the opinion of a chief constable, they might be relevant to the position in question.

Justice

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive how many fiscal fines were offered in 2003-04.

Colin Boyd QC: In the year 2003-04 a total of 42,361 fiscal fines were offered.

Justice

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what categories of offence attract fiscal fine disposal.

Colin Boyd QC: Procurators fiscal are issued with confidential guidelines regarding the use of fiscal fines as an alternative to prosecution. In general the Procurator Fiscal must first be satisfied that there is sufficient evidence to justify prosecution and that a prosecution would otherwise be in the public interest. Thereafter he or she must consider a number of circumstances including;

  (i) the type of offence,

  (ii) the circumstances of the accused, and

  (iii) any other circumstances relevant to the commission of the offence.

  While specific guidance is given as to the type of offences that may be suitable for a fiscal fine and the circumstances in which a fiscal fine should not be issued, the lists are not exhaustive. The decision whether to issue a fiscal fine remains with the Procurator Fiscal and will depend on the facts and circumstances of each individual case.

National Health Service

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive on how many occasions patients on NHS waiting lists have been transferred to private health care in each NHS board area in each of the last five years.

Mr Andrew Welsh (Angus) (SNP): To ask the Scottish Executive what the range and nature has been of services supplied to the private health care sector by the NHS due to patients on waiting lists being transferred to the private sector in each of the last five years; what the resultant costs have been to the NHS, and whether any such costs are recoverable.

Mr Andy Kerr: The information requested is not available centrally.

Planning

Richard Lochhead (North East Scotland) (SNP): To ask the Scottish Executive whether it will remove Crown immunity from planning controls and, if so, what steps it will take to achieve this and what the relevant timescales are.

Johann Lamont: The process of removing Crown immunity from planning control is under way. Primary legislation is included in the Planning and Compulsory Purchase Act 2004 . Work is continuing on secondary legislation necessary to deal with the application of planning requirements to the Crown. Crown immunity will not be removed until all the necessary legislation is in place, which is likely to be the end of 2005.

  The inclusion of provisions in the above mentioned act for the removal of Crown immunity from planning legislation in Scotland was the subject of a Sewel motion in the Scottish Parliament on 20 November 2003. The issue was also considered by the Communities Committee of the Scottish Parliament on 12 November 2003. A copy of the related Sewel memorandum is held in the Parliaments’ Reference Centre (Bib. number 29666).

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive whether it (a) monitors and (b) sets any targets for local authority development control performance in respect of (i) major residential applications, (ii) major business and industry applications, (iii) minor business and industry applications and (iv) other major developments.

Johann Lamont: The Scottish Executive monitors all planning authority performance through the six monthly collection of development control statistics. Scottish Planning Policy (SPP) 1: The Planning System contains (in paragraph 86) the performance targets which have been set for planning authorities and they are as follows:

  80% of planning applications should be determined in two months (including minor business and industry applications);

  85% of planning applications should be determined in three months (including minor business and industry applications);

  90% of householder applications should be determined in two months;

  95% of householder applications should be determined within three months, and

  80% of major applications should be determined within four months (these include major residential, major business and industry and other major developments).

  SPP 1 can be viewed at http://www.scotland.gov.uk/library5/planning/spp1-00.asp, and is available in the Parliament’s Reference Centre (Bib. number 25316).

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how planning authorities have performed against its development control performance targets that (a) 80% of planning applications should be determined in two months, (b) 85% of planning applications should be determined in three months, (c) 90% of householder applications should be determined in two months, (d) 95% of householder applications should be determined within three months and (e) 80% of major applications should be determined within four months, in each year since the targets were set.

Johann Lamont: Planning authority performance is published in the Planning Audit Unit’s annual report. Copies of the specific data requested has been placed in the Parliament’s Reference Centre (Bib. number 34606).

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive where performance in respect of its target that 80% of all major planning applications should be determined within four months is published.

Johann Lamont: This information has not been published in the past, but details of performance by planning authorities in respect of this target has been placed in the Parliament’s Reference Centre (Bib. number 34606).

  Figures for planning authority performance against this target will be included in future Planning Audit Unit Reports and published on the Executive’s website when the report is next published.

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive whether it will publish (a) each local authority’s and (b) the Scottish average performance in respect of its development control performance target that 80% of major applications should be determined within four months, for each of the last five years.

Johann Lamont: I refer the member to the answer to question S2W-12562, answered on 13 December 2004. All answers to written parliamentary questions are available on the Parliament's website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/webapp/wa.search.

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive when it set the target that 80% of major planning applications should be determined within four months.

Johann Lamont: The target that 80% of major planning applications should be determined within four months was published in National Planning Policy Guideline 1: The Planning System on 24 November 2000.

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive why the 2003 Sixth Annual Report of the Planning Audit Unit does not mention performance against its target that 80% of major applications should be determined within four months.

Johann Lamont: Performance statistics against the four months target were collected from 1 October 2001. To date, these figures have not been published, neither on their own or as part of the 2003 annual report of the Planning Audit Unit. The format of the report, established prior to the collection of this data, has not been reviewed until now.

  The Executive is currently considering changing the format and content of future audit reports as well as the information published on the website. Starting from next year’s audit it is intended to publish the performance figures against the four month target on the Executive’s website along with other detailed performance information.

  Tables showing planning authority performance against this target have been placed in the Parliament’s Reference Centre (Bib. number 34606).

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive what structure plans have been approved since November 2003 and how long approval of each plan took.

Johann Lamont: Two structure plans have been approved since November 2003. The Western Isles’ Structure plan was approved in December 2003 and Lothian Structure Plan was approved in June 2004. The approval time for each plan was 34 and 51 weeks respectively.

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive why it does not set specific targets for development control performance in respect of (a) major residential applications, (b) major business and industry applications and (c) other major developments.

Johann Lamont: The Scottish Executive has set the specific target that 80% of all major applications should be decided within four months. This target includes major residential applications, major business and industry applications and other major developments.

Planning

Ms Wendy Alexander (Paisley North) (Lab): To ask the Scottish Executive how it intends to speed up increasing the percentage of Scotland covered by adopted local plans.

Johann Lamont: The Executive’s recent consultation on Making Development Plans Deliver  proposed a series of measures aimed at ensuring that development plans are updated more regularly, including a new statutory duty to update plans within a defined period. A report on the responses to the consultation will be published shortly. A White Paper outlining the Executive’s proposals for modernising planning, including measures to speed up development planning, is expected to be published in spring 2005.

Planning

Jim Mather (Highlands and Islands) (SNP): To ask the Scottish Executive when it will make a final decision on third party right of appeal and how it has gauged opinion from business and public bodies to ensure that their views are reflected in reaching that decision.

Malcolm Chisholm: We expect to publish a white paper on planning reform in the spring of 2005.

  Business and public bodies – as well as individuals - were invited to contribute their views on third-party rights of appeal in a consultation paper – Rights of Appeal in Planning, which the Executive published in April this year.

  The paper attracted over 1,600 responses from a wide range of individuals and organisations. A report of an analysis of these responses by an independent consultant was published by the Executive on 15 December.

  In reaching any decision on third party rights of appeal, we will consider carefully all responses. Any decision will be taken by Cabinet in the context of planning modernisation as a whole.

Public Private Partnerships

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive what the spread was of internal rates of return applied to equity funding components of PFI/PPP contracts entered into by it or its agencies in each of the last three financial years.

Mr Tom McCabe: It is not appropriate to publish individual internal rates of return (IRR) relating to private sector contractors as this is commercially sensitive. Investors assess each project and its risk individually and attribute an IRR requirement accordingly. A direct comparison of IRRs between bidders is not necessarily meaningful as the bidders gearing structures may be different. Equity IRRs do vary across the PPP sector with an indicative range across the UK of 13% to 16%.

Residential Care

John Swinburne (Central Scotland) (SSCUP): To ask the Scottish Executive, further to the answer to question S2W-12177 by Rhona Brankin on 25 November 2004, what the alternative agreements referred to are.

Rhona Brankin: In a survey of local authorities conducted in June this year a number of authorities indicated that they apply charging orders on residents’ property under Section 23 of the Health and Social Services and Social Security Adjudication Act 1983 as an alternative to a Deferred Payment Agreement.

Social Work

Cathy Peattie (Falkirk East) (Lab): To ask the Scottish Executive whether it will give a commitment (a) to fund the associated women’s’ services in the criminal justice sector through section 27 of the Social Work (Scotland) Act 1968 and (b) that children and young people living with domestic abuse should have access to support in their own right, given its endorsement of work with partners as an essential element of any work with men who abuse.

Cathy Jamieson: The Scottish Executive is committed to supporting women, children and young people who experience domestic abuse.

  Section 27 of the Social Work (Scotland) Act 1968 as amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 provides funding for work with the perpetrators of domestic violence to reduce the risk of further incidents of abuse, but not for associated women’s services. These are funded through complementary funding streams which are available to organisations for work with partners or victims of domestic violence.

  In relation to support for the partners and victims, Scottish Executive funding ensures that all Women’s Aid groups in Scotland now have at least one part-time children’s worker and a further £6 million funding was recently announced to support further development of provision for children and young people experiencing domestic abuse from 2006.

  In addition, revised Scottish Executive guidance on the preparation of local Children’s Services Plans encourages local agencies to ensure integrated approaches to planning and delivery of services for all children and young people particularly those at risk or in need of additional support and further guidance draws together good practice and advice on meeting the needs of this group.

Voluntary Sector

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how much funding has been allocated to implement the Volunteering Strategy in (a) 2004-05 and (b) 2005-06 and whether there are any plans to increase funding of the strategy in future years.

Malcolm Chisholm: Implementation of the new volunteering strategy is being supported from within the level of resources available for distribution by the Scottish Executive Voluntary Issues Unit (VIU). In both 2004-05 and 2005-06 the VIU has £19.683 million available for distribution to the voluntary sector.

  There is no ring-fenced financial provision for the cost of implementing the volunteering strategy. We expect the creation of a robust culture of volunteering and the dismantling of barriers to volunteering throughout Scotland to be part of the everyday activities or organisations in the voluntary sector, not a separate and discrete activity.

Voluntary Sector

Patrick Harvie (Glasgow) (Green): To ask the Scottish Executive how many applications for project funding its Voluntary Issues Unit has received since the announcement of the Volunteering Strategy on 11 May 2004; how many of these applications have been successful; how much funding has been disbursed under the strategy, and what the criteria are for funding decisions.

Malcolm Chisholm: To be eligible for financial assistance from the Scottish Executive Voluntary Issues Unit (VIU), voluntary organisations must demonstrate that the activities for which funding is sought meet one or more of the following:

  are consistent with the aims and objectives of the Scottish Executive;

  help develop the voluntary sector’s organisational, physical, financial and intellectual capacity;

  support the strategic needs of the voluntary sector, as identified in the volunteering strategy;

  help the voluntary sector deliver the outcomes of the volunteering strategy, and

  impact at the national level.

  There is no financial provision specifically designated for implementing the volunteering strategy. Implementation of the strategy is being supported from within the £19.7 million available for distribution to the voluntary sector by the VIU.

  Eleven voluntary organisations have submitted formal bids since 11 May for grant funding from the resources available for distribution by the VIU. Of these, one organisation has been awarded grant funding of £95,000 per annum. in 2004-05, 2005-06 and 2006-07. A second organisation has been awarded a grant of £145,651 in 2005-06. A further five bids from voluntary organisations are under consideration and four organisations have been informed that their requests for financial assistance have been turned down because they did not meet the criteria set out above.